East Punjab War Awards Act, 1948
[East Punjab Act 22 of 1948] [10th April, 1948]
CONTENTS
1. Short title and Commencement
2. Definitions
3. Creation of war Jagir
4. Tenure of war jagir
5. Power to attach condition to enjoyment of war jagir
6. Assessment and collection of assigned land revenue
7. Exemption of war jagir from attachment
8. Savings
9. Certain question to be referred to Government for final decision
———
Adapted by—
(1) The Adaptation of Laws Order, 1950
1948 22 | The East Punjab | (2) The Adaptation of Laws (Third Amendment) Order, 1951. |
War Awards Act, | ||
1948 | Amended by— |
(1) Punjab Act 22 of 1952.2
(2) Punjab Act 38 of 19543.
(3) Extended to the territories which immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union, by Punjab Act 23 of 1957.4
(4) Punjab Act 17 of 1959.5
(5) Punjab Act 36 of 1960.6
(6) Punjab Act 26 of 1964.7
(7) Punjab Act 22 of 1965.8
(8) Punjab Act 2 of 1968.9
An Act to empower the 10[Punjab] Government to award jagirs to parents, three or more of whose children were enrolled or commissioned for service in his Majesty's Forces during the recent Second World War.
It is hereby enacted as follows:—
## Section 1. Short title and Commencement.—(1) This Act may be called the East Punjab War Awards Act, 1948.
(2) It shall come into force at once, 12[and in its application to the territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union, it shall be deemed to have come into force on 28th August, 1949.]
## Section 2. Definitions.—In this Act, unless there be anything repugnant in the subject or context,—
13(a) “eligible person” means—
(i) a citizen of India ordinarily residing in the State of Punjab ??? who is the father, or, where the father is dead, the mother, ??? 14[three or more children] who are serving or have ??? in the armed forces of the Union during the ??? declared by the President of India under Article ??? of the Constitution of India on the 26th October, ??? but does not include a person who has for such ??? already received a land grant or other award from Government; or
15[(ia) a citizen of India ordinarily residing in the State of Punjab who is the father, or, where the father is dead, the ??? of the 16[only son or only child who is serving or who has served] in the armed forces of the Union during the emergency declared by the President of India under Article 352 of the Constitution of India on the 26th October,
1962, but does not include a person who has for such reason already received a land grant or other award from Government; or]
17[(ib) a citizen of India ordinarily residing in the State of Punjab who is the father or where the father is dead, the mother, of only two children both of whom are serving or have served in the armed forces of the Union during the emergency declared by the President of India under Article 352 of the Constitution of India on the 26th October, 1962, but does not include a person who has for such reasons already received it land grant or other award from Government, or]
(ii) a person who is now a citizen of India and who,—
(a) immediately before the fifteenth day of August, 1947, ordinarily resided in the undivided Punjab, or
(b) immediately before the 20th August, 1948, ordinarily resided in the territories which on that date formed the State of Patiala and East Punjab States Union,
and who is the father, or where the father is dead, the mother of three or more 18[children] who having been at any time enrolled or commissioned in forces then referred to as His Majesty's Naval, Military or Air Forces or in the forces maintained by any of the Indian States comprised in the aforesaid territories and who were liable to serve wherever required and have actually served in any of the said forces ??? the Second World War, but does not include any ??? who has or such reason already received a land ??? or ??? award from the Government of the ??? or the Government of the territories form ??? as ??? or of any Indian State comprised in ??? or the Punjab Government.
(b) “Government” means the State Government of Punjab;
(c) “War Jagir” means a Jagir granted ??? this Act;
(d) expressions used but not defined in this Act have the same meanings as in the Punjab Jagirs Act, 1941 (Punjab Act 5 of 1941).
## Section 3. Creation of war Jagir.—(1) Notwithstanding anything in any other law for the time in force, the Government shall have the power to grant to a person a War Jagir of the value of—
(a) one hundred and fifty rupees per annum if he is an eligible person within the meanings of sub-clauses (i). (ia), or (ib) of clause (a) of section 2;
(b) one hundred rupees per annum, if he is an ??? person within the meaning of sub-clause (ii) of clause (a) of section 2:
Provided that if the eligible person within the meaning of—
(i) sub-clause (i) of clause (a) of section 2 has more than three children who have served or are serving in the manner referred to in the said sub-clause, an additional
amount of fifty rupees per annum may be granted for every such child exceeding three;
(ii) sub-clause (ii) of clause (a) of section 2 has more than three children who were enrolled and commissioned and were liable to serve and have actually served, in the manner referred to in the said sub-clause, an additional amount of ten rupees per annum may be granted for every such child exceeding three;
Provided further that for the purposes of determining the eligibility of a person to the grant of a War Jagir under sub-clause (i) of clause (a) of section 2, no child of such person who has already made him eligible to the grant of a War Jagir under sub-clause (ii) of that clause shall be taken into account.
(2) A War Jagir shall provide for assignment of the appropriate sum or for the grant of such sum payable annually charged on the whole or part of the land revenue arising from a specified area and the amount of War Jagir shall, subject to such deductions on account of collection of land revenue as the Government may direct, be payable notwithstanding that the land revenue for the specified area may have been suspended or remitted.]
## Section 4. Tenure of war jagir.—A War Jagir shall, unless terminated wholly or partially for breach of any condition imposed under section 5, be tenable for the lifetime of the grantee, but Government shall have power to terminate or reduce it if the grantee subsequently receives a land grant or other award on the same ground on which the war jagir was granted to him:
Provided that a war jagir granted to an eligible person, being the father, shall, on the death of the father, be tenable for the life time of the mother.]
## Section 5. Power to attach condition to enjoyment of war jagir.—The Government may attach such conditions as it may deem fit to the enjoyment of any or all war jagirs, and such conditions shall be communicated to the grantee at the time when the grant is made to him.
## Section 6. Assessment and collection of assigned land revenue.—Any land-revenue assigned under the powers herein conferred shall be assessed and collected in the manner provided by the law for the time being in force for the assessment and collection of land revenue as if it has not been so assigned.
## Section 7. Exemption of war jagir from attachment.—No war jagir shall be liable to seizure, attachment or sequestration by process of any Court at the instance of a creditor for any demand against the grantee, or in satisfaction of a decree or order of any Court.
## Section 8. Savings.—Nothing in this Act shall be deemed to affect the provisions of the Pensions Act, 1871 (Act 23 of 1871), or of the 21Government Grants Act, 1895 (Act 15 of 1895), so far as they are applicable to war jagirs.
## Section 9. Certain question to be referred to Government for final decision.—If any
question arises under this Act—
(a) whether or not a person is an eligible person; or
(b) whether or not a grantee has committed breach of any condition imposed under
section 5, such question shall be referred to the Government whose decision thereon
shall be final and conclusive and shall not be liable to be called in question in any
Court.
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1. For Statement of Objects and Reasons, see East Punjab Government Gazette
(Extraordinary), 1948, page 266.
2. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary) 1952, page 1154(b). This Act shall be deemed to have come into
force from the 10th day of April, 1948.
3. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1954, page 838.
4. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1957, page 689.
5. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1959, page 284.
6. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1960, page 1960.
7. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1964, page 890.
8. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), 1965, page 1116.
9. For Statement of Objects and Reasons, see Punjab Government Gazette
(Extraordinary), (1967) page 909.
10. Sub-situate by the Adaptation of Laws (Third Amendment) Order, 1951.
11. [Received the assent of His Excellency the Governor on the 10th April, 1948,
and was first published in the East Punjab Government Gazette, extraordinary,
dated the 10th April, 1948.]
12. ??? at the end of sub-section (2) of section 1 by Punjab Act No. 17 of 1959.
13. Substituted for the words “(a) ‘eligible person’ means a person who is now a
citizen of India and who” by Punjab Act, No. 26 of 1964, section 2.
14. Substituted for tow words “three or more persons” by Punjab Act No. 2 of
1968, Section 2.
15. Added by Punjab Act No. 22 of 1965, section 2.
16. Substituted for the words “only son serving or who has served” by Punjab Act
No. 2 of 1968, section 2.
17. Added by Punjab Act No. 2 of 1968, section 2.
18. Substituted for the word “persons” by Punjab Act No. 2 of 1968, section 2.
19. Section 3 substituted by Punjab Act No. 2 of 1968, section 3.
20. Section 4 sub-stituted by Punjab Act No. 26 of 1964, section 4.
21. Substituted by Adaptation of Laws Order, 1950, First Schedule, for “Crown”.